Wednesday, April 25, 2012

If you hinder a peace officer, such as a prison guard, policeman or firefighter, from performing their duties, you could be charged with a Class A Misdemeanor.

Obstructing a peace officer can be as simple as disobeying an order to step aside or refusing to cooperate with booking procedures. A recent Illinois case held that a Defendant who refused to be photographed or fingerprinted was guilty of resisting a peace officer. People v Nasolo Another Defendant who refused to exit his car when requested by a police officer was also found guilty of obstructing. People v Synnott

Resisting can also mean disobeying an order from a firefighter to leave or stay out of a burning building, unless you were trying to rescue someone inside.

Simply arguing with police, refusing to identify yourself or refusing to answer questions is usually not enough to trigger charges under Illinois law. However, if you refuse to identify yourself to someone attempting to serve a summons or subpoena, you can be charged.

If your resistance caused injury to a peace officer, you could be charged with a Class 4 Felony. While a Class A Misdemeanor is punishable by up to 1 year in jail and a $2,500 fine, a Class 4 Felony is punishable by 1 to 3 years in jail and up to a $25,000 fine. Anyone convicted of the misdemeanor charge is also subject to a minimum 48 hours in jail or 100 hours of community service.

If you are charged with resisting a peace officer, talk to an experienced criminal law attorney immediately. As with most other crimes, the state must prove you guilty beyond a reasonable doubt. An attorney can examine the facts of your case to see if you have a defense. Maybe your actions do not rise to the level of an obstruction charge. Maybe you were simply arguing or exercising your Fifth Amendment right to silence.

If you are charged, do not try to explain yourself to police or a third party. What you think is a reasonable explanation might be just enough for the prosecution to convict you.

If you have questions about this or another related criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com

Tuesday, April 3, 2012

Police can search your cell phone to learn its phone number without a search warrant, much like they can flip through the pages of your diary to find your address, said a recent 7th Circuit Court of Appeals ruling.

Modern cell phones are personal computers.

They contain loads of sensitive information ranging from private photos to possibly a web camera stream into your own home. Because of this, the extent to which police can examine your phone’s contents without a search warrant is now a tricky matter. The police must balance your privacy rights with the needs of law enforcement. For example, the police cannot use your web camera stream to search your home without a warrant, but they may be able to look at other information.

The Court’s recent ruling involved a drug bust where police seized a cell phone and then searched for its phone number in order to subpoena the call history from the phone company. Historically, the police can look inside a “container” when making an arrest. The prosecution claimed the phone was like a container and therefore could be examined.

The Court said that a cell phone is more like an ultra-diary than a container. However, the police can check the phone’s number and ownership. Police can search without a warrant when there is enough justification, such as to check for weapons or to preserve evidence. Some stun guns look like cell phones. But more importantly, a cell phone’s contents can be remotely erased, and thus destroyed. The police can examine your phone for its number to preserve that information. While an officer cannot read your love letters either inside the pages of your diary or the files of your cell phone, getting your address or cell phone number is only a slight invasion of your privacy.

The Court left the question of when an officer could make a more extensive search of your cell phone’s contents for another day.

If you have questions about this or another related criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com

And "SEARCH AND SEIZURE," "MOTIONS AND DEFENSES" and "EVIDENTIARY MATTERS GENERALLY."

About Me

A criminal and school law attorney with over 20 years of experience, I have successfully represented clients all over the Chicago area. My practice includes DUI, felony, criminal, misdemeanor, homicide, internet crime, retail theft, traffic offenses, cyberstalking, drug or narcotics crimes such as drug possession or drug dealing, weapons violations, domestic battery and juvenile crime. I also represent families involving school cases. My clients come from all over the Chicago area including Skokie, Wilmette, Niles, Northbrook, Glenview, Evanston, Winnetka, Highland park, Northfield, Park Ridge, Des Plaines and Mount Prospect.
I am a member of the ACLU, Illinois State Bar Association.
Se habla espanol.
CONTACT ME: 847-568-0160 or email matt@mattkeenanlaw.com

"Damned if You Do, Damned if You Don't: Behaving at a DUI Stop," by Art Buono. Sept. 20, 2011.

"Time to Shock Schools into Deploying Difibrillators," by Art Buono. November 3, 2011."Anti-Bullying Law Not Enough," November 16, 2011,

PUBLIC APPEARANCES:

November 15, 2012: Presenter: "Student Discipline: The Expulsion Hearing Games" as part of the Illinois State Bar Association continuing legal education course: The Student and Parent Side of School Law Issues.